Who can be held liable in a drunk driving accident?

Drunk driving has become the bane of modern society where accidents that ensue can wreak havoc in the form of severe injuries and death. A drunk driving accident is unique in the field of law, in the sense that violating this law will not only end up in criminal charges but civil liability as well, against the individual who was so thoughtless in his/her actions.

Civil liability can also be against those who were in the vehicle apart from the driver and Jacksonville, FL drunk driving accident lawyers will be much busier in these types of cases.

The incidence of alcohol in the driver’s blood will be an important legal issue in car accidents, and any ensuing insurance claim or even a vehicle accident lawsuit. In spite of the all the warnings concerning the risks involved in drinking and driving, there are drivers who get behind the wheel while intoxicated.

When an accident occurs due to the negligence of a drunk driver, it can have both criminal and civil and consequences. If you need to clarify this issue, a Northeast Florida drunk driving accident attorney can throw more light on this aspect of the case.

Civil liability

The fact that drunk drivers are liable for the all the injuries and losses they cause by driving a vehicle while intoxicated, is obvious. This liability is essentially of three types: minimum negligence meaning violation of a legal duty; gross negligence signifying a wanton disregard for others safety; and negligence per se or the breach of a law that is designed to shield others from the kind of harm they caused.

Dram shop laws

Many states have what is termed as “dram shop’ laws, which sets forth various circumstances via which any owner of a tavern or bar can be held responsible for all the injuries as well as damages sustained due to the actions of a drunken driver who became inebriated at their tavern or bar, and ought to have been prevented from driving after drinking. In the event of minors drinking as well as driving, any adult who offer alcohol to them or let minors drink from their homes has the same level of liability as those minors themselves.

Dram shop laws can vary from one state to another although all states don’t have these laws. For the most part, such cases can be extremely controversial in nature because of the potential implications for the bar owner. However, it is true that a person, who serves alcoholic drinks to gain profit, has also the duty of guarding against those patrons who drink and drive.

It is immoral to profit off of someone and allow them to get so drunk they have no business riding a bicycle let alone driving a car.

Florida’s reverse dram shop act

Northeastern Florida drunk driving accident lawyers say that Florida does not have a Dram Shop law. On the contrary, the law restricts liability to two limited exceptions: when liquor was served to a minor or to a habitual drunkard like the Randy Quaid’s character in the goofy movie Independence Day. Under this law, it is difficult to prove a restaurant’s liability since the plaintiff must prove that the employees who served alcohol to the patron had knowledge that he or she was addicted to alcohol at the time of service.

Wow, that is a twist! 

Insurance hard to get

One thing you should remember is that a drunk driving conviction can have serious consequences when it comes to claiming auto accident insurance. This is because this person would have lost credibility and the insurance company will have to raise your rates. If you mess up too much on the road you will not be able to obtain insurance no matter what but before that happens, your rates will just increase after every subsequent ticket and so on.  

http://drunk-driving-accident.usattorneys.com/florida/ - you are always entitled to legal help if you need it. That drunk driving accident may have happened pretty quickly but this website is pretty quick too. If you need a Jacksonville, FL drunk driving accident lawyer, click on that website to put yourself in a better legal light.